Solicitud directa (CEACR) - Adopción: 1990, Publicación: 77ª reunión CIT (1990)

The Committee notes the information communicated by the Government in its report, and refers to the observation it has made on this Convention.

1. The Committee notes that the government department responsible for vocational training and for supervision of employment and conditions of work, carries out studies of the employment market and on vocational training and guidance. It requests the Government to communicate with its next report information on any such studies which may have been done which would shed light on the application of the present Convention (for instance, statistical information concerning different categories of persons placed in employment or in programmes of vocational training and guidance).

2. The Committee also notes the adoption of a procedure for recruitment of staff, according to which all offers of employment are forwarded to the Minister, who then communicates them to the prospective employee. It requests the Government to indicate whether this procedure applies to all employment in all sectors of the economy (including those not covered by the Labour Code - see below), and to communicate the texts regulating this procedure. Please indicate any effect this may have had on applying the principle of non-discrimination in employment and occupation.

3. The Committee recalls that in its previous comments, it asked for information on the measures taken to ensure that the constitutional provisions prohibiting discrimination are applied to agricultural wage earners, persons appointed under the civil service rules and persons in the liberal professions and trade, who are not covered by the Labour Code. The Committee notes the statement in the report that the protection of these persons is implicit in the Constitution's prohibition of all forms of discrimination. The Committee points out, however, that provisions in national Constitutions prohibiting discrimination are in many cases insufficient to apply in practice the requirements of the present Convention, in particular as concerns the right to appeal of workers affected by discrimination, and the designation of the authorities competent to act on these problems (see paragraph 171 of the 1988 General Survey on Equality in Employment and Occupation). It therefore requests the Government to indicate in its next report any measures which have been taken or are contemplated to protect these workers in practice against discrimination in employment and occupation.

4. The Committee refers to its observation concerning the issuance of certificates of good conduct, living and morals. In the same connection, the Committee again requests the Government to indicate how effect is given in practice to section 5 of the Legislative Decree of 19 March 1974 containing the general conditions of service of persons employed by the State, and section 6 of Presidential Order No. 227/01 of 26 December 1976 containing the conditions of service of the staff of public establishments. These provisions include, among the requirements for recruitment, "loyalty towards the authorities and institutions of the nation". Please indicate in particular the number of cases in which these provisions have been invoked.

5. The Committee requests the Government to provide information in its next report on the practical implementation of Circular Letter No. 1848/06.18/22/83 of the Minister of Public Service and Employment concerning the engagement of female staff, to which it has referred previously; and to communicate a copy of the Act on National Education (Act No. 1 of 1985), which was not included with the last report.